Blog Post

The Real Estate NARS Tea: What are these momentous changes in real estate that everyone is talking about?

Kelly A. Anderson • August 15, 2024

Starting this Saturday, August 17, 2024, new rules go into effect for the National Association of Realtors (“NARS”) that change the way realtors will be paid their commission when representing people buying and selling homes. These new rules came about as part of a $418 million settlement by NARS in March, and effectively eliminate the existing informal payment structures that have historically been used by realtors. Until now, sellers of homes typically would sign listing agreements agreeing to pay anywhere from 4-6% of the purchase price in commission, which commission amount would then be split between their agent and the buyer’s agent. So, Buyers did not have to pay anything to their realtor for their assistance. The new rules could change that.


Since the March settlement, realtors across the country have been evaluating the changes and how they are to implement them. There have been training sessions regarding new paperwork that will have to be signed by buyers and sellers, in addition to the traditional listing agreements.


More specifically – buyers’ agents, who were typically paid by the seller, now will need to let their buyer know at the outset of their relationship that some sellers may not agree to pay their commission, and therefore, the buyer would need to pay it. So, for example, if someone is buying a $1,000,000 home where the seller will only pay for their own agent’s 3% commission ($30,000), the buyer’s agent will ask the buyer to sign something agreeing to pay their commission. And depending on the commission negotiated with that buyer, that commission could tack on an additional $10-$30,000 on the purchase price. 


Additionally, realtors used to be able to include in the MLS listings for a home the amount of commission that a buyer’s agent would receive. The rules will no longer allow that. In other words, a buyer’s agent will have to reach out to the other agent directly to find out whether the Seller will pay any commission.


So, realtors have been doing everything they can to prepare for this in the past several months. It remains to be seen just how the market will respond. Will prices be impacted if Sellers are paying less in commission? Will buyers be willing to sign something agreeing to pay their agent’s commission? And if they are getting a loan for the purchase, will this commission payment be allowed by their lender? And if not, are buyers’ agents going to be disincentivized to show properties where their commissions won’t be paid by the seller? Or will buyers decide to go without an agent altogether to avoid paying a commission? If so, what sort of problems might arise during the negotiation process? And will attorneys representing buyers have to get involved earlier in the process because the buyer doesn’t have their own agent? Will buyer’s agents quit real estate altogether? Or will buyers realize the value of their agent and willingly agree to pay these commissions if the seller won’t?


As an attorney who traditionally represents both sellers and buyers after they have already nailed down the key terms with the help of their respective agents – I feel strongly that each party should have their own agent educating them and advocating for them early in the process. Both listing and selling agents, who are experienced, are the most equipped and knowledgeable as to the properties that fit the bill for their clients and how to market a property they are selling.

 

If you have questions about the new rules and how they might impact you, feel free to reach out to me at 847-705-7555 or kanderson@lavellelaw.com to discuss. 


More News & Resources

Lavelle Law News and Events

Happy New Year and Cheers to New Adventures in 2025!
By Lavelle Law December 31, 2024
As we say farewell to 2024, we’re excited to look back on the unforgettable moments from our Koozie Challenge! From the frozen wonders of Antarctica to the excitement of the Paris Olympics, and countless incredible destinations in between, the Lavelle Law koozie truly went the distance this year! A big thank you to our clients, staff, family, and friends who took part in the fun. Here’s to even more adventures in 2025! Happy New Year from Lavelle Law!
Lavelle Law concludes the 2024 annual food drive.
By Lavelle Law December 30, 2024
Schaumburg-based Lavelle Law wrapped its annual food drive benefiting the Schaumburg Township Food Pantry. During the month of October, Lavelle Law set up collection boxes around Schaumburg and the surrounding area, where residents and workers could drop off nonperishable food items, paper goods, personal care items, baby food and diapers. Participants could also make cash donations online.
The New Extended Deadline is 1/13/25 for businesses to file BOIR.
By Frank J. Portera December 23, 2024
Because of the timing of the recent injunction, FinCEN is instituting an extended deadline beyond the original one of 12/31/24. The new deadline for existing reporting companies is now 1/13/25. If your company has not yet filed its initial FinCEN BOIR, please contact Attorney Frank Portera.
Understand the new Illinois employment laws taking effect in 2025 and protect your business.
By Lavelle Law December 20, 2024
Join us for an informative seminar on New Year, New Laws as Illinois implements nearly 300 new laws in 2025, many of which impact employment practices. Led by Lavelle Law attorney Lance Ziebell, this session will provide valuable legal insights into these major changes and offer strategies to ensure compliance. Participants will learn how to protect their businesses from potential employee claims, contract disputes, and other legal challenges. This free seminar is a must-attend for business owners, managers, HR professionals, and advisors. Don't miss this opportunity to stay ahead of legal updates and safeguard your business.
Failure to Follow a Court’s Order Could Result in Paying the Other Party’s Attorney’s Fees
By Domestic Relations/Family Law December 17, 2024
Our client divorced several years ago. The divorce judgment required her former husband to remove her name from all business records and accounts on a business they owned during the marriage. The ex-husband refused to remove our client’s name for a business loan. We filed a petition for contempt against the ex-husband and though he used numerous excuses and caused significant delay, in the end, he was required to finally remove our client’s name from the loan and pay our client’s attorney’s fees.
Mortgage Foreclosure Law Amendments Enable Online Judicial Sales
By Steven A. Migala December 16, 2024
Public Act 103-930 amends the Illinois Mortgage Foreclosure Law (IMFL) to authorize online judicial sales of foreclosed properties, establish standards for such sales and online bidders, and prohibit certain related fees. The Public Act changes Section 15-1507 of the Illinois Code of Civil Procedure and adds Sections 15-1507.2 and 15-1510.1, effective January 1, 2025. 735 ILCS 5/15-1507, 15-1507.2, 15-1510.1.
Key implications for businesses now that the Corporate Transparency Act is on hold.
By Frank J. Portera and Nathan P. Toy December 11, 2024
On December 3, 2024, the U.S. District Court for the Eastern District of Texas (the “Court”) issued a nationwide preliminary injunction suspending enforcement of the Corporate Transparency Act (“CTA”) and its Beneficial Ownership Information (“BOI”) reporting rule. The injunction effectively suspends the requirement under the CTA for certain companies to disclose their BOI to the Financial Crimes Enforcement Network (“FinCEN”) for an indefinite period of time and until such injunction is overturned by an appellate court with jurisdiction.
IRS Releases Fiscal Year 2024 Criminal Investigation Annual Report
By Timothy M. Hughes December 10, 2024
The Internal Revenue Service Criminal Investigation (“IRS-CI”) recently released its Fiscal Year 2024 (October 1, 2023, to September 30, 2024) Annual Report that details significant cases involving crimes ranging from tax fraud to cybercrime, enhanced domestic and foreign partnerships and investigative statistics for the 2024 Fiscal Year.
Bruce Pulitini to Manage Finances and Growth at Lavelle Law.
By Lavelle Law December 9, 2024
Schaumburg-based Lavelle Law has hired Bruce Pulitini as the firm’s first chief financial officer. Pulitini joined the firm in November in the newly created position.
Here's an overview of the key phases of a lawsuit and what you should consider at each step.
By Sarah J. Reusche November 27, 2024
If you're facing a lawsuit, it's important to understand the steps involved in litigation. Litigation is a legal process that can be complex and time-consuming, and it often involves multiple stages. Here's an overview of the key phases of a lawsuit and what you should consider at each step.
More Posts
Share by: